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Ordinance 31830006.90000 WSS /gjz 11/13/97 ORDINANCE NO. 3 i 83 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 17.05.020 TO REPLACE THE WORD "HEARING" WITH "INPUT INTO THE ADMINISTRATIVE PROCESS ", ADOPTING CHAPTER 17.05 AS A FINAL ZONING REGULATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the reasonable accommodations process established by chapter 17.05 is a purely administrative process, staff administered, with no appeal from the staff decision, and WHEREAS, a "hearing" is provided for by Section 17.05.020 raising the public expectation that the input of the public may give rise to certain procedural or other legal rights, and WHEREAS, the Planning Board has recommended that this section be clarified and the process adopted as a final zoning measure, replacing the interim process expiring on its terms on October 25, 1997, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 178947 i Section 1. Section 17.05.020 is hereby amended to read as follows: 17.05.020 Reasonable accommodations. A. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the community services director or his designee is hereby authorized to vary, -1- modify, or waive the provisions of the Edmonds Community Development Code, including the provisions of ECDC Title 19, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disabled's full enjoyment of a residence. B. The City's duty to accommodate is an affirmative one, and the community services director is thereby authorized to provide accommodations in a thoughtful and proactive manner. C. The following review may, at the discretion of the community services director, include citizen input into the administrative process. The community services director shall provide written notice of the accommodation to the applicant and property owners within 300 feet of the subject site. D. When applying this reasonable accommodation process to the Edmonds Community Development Code, including the State Building Code and other codes adopted pursuant to ECDC Title 19 and Chapter 19.05 ECDC, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and /or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights. Section 2. Effective Date. The interim zoning ordinance currently appearing at Chapter 17.05 is hereby continued and adopted as amended herein as a final zoning ordinance of the City of Edmonds. This ordinance being an exercise of a power specifically delegated to 178947 -2- the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, BARBARA S. FAHtY ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY c FILED WITH THE CITY CLERK: 01/02/98 PASSED BY THE CITY COUNCIL: 01/06/98 PUBLISHED: 01/1-5/98 EFFECTIVE DATE: 01/18/98 ORDINANCE NO. I 178947 -3- SUMMARY OF ORDINANCE NO. 3183 of the City of Edmonds, Washington On the 6th day of January, 1998, the City Council of the City of Edmonds, passed Ordinance No. 3183. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 17.05.020 TO REPLACE THE WORD "HEARING" WITH "INPUT INTO THE ADMINISTRATIVE PROCESS ", ADOPTING CHAPTER 17.05 AS A FINAL ZONING REGULATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 9th day of January, 1998. CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOD&ISH, ` UMMARY OF ORDINANC 'I I NO. 3183 of the City of Edmonds, Washington On the 61h day of January `1998, the City Councif of thy of Edmonds, ppassed' Ordinance No. 3183. A sum -, mary of the content of said . ordinance, consisling of the 'WOAD - HEARING - WtITH I'INPUT INTO THE ADMINIS. TRATIVE PROCESS', AS OA FINAL ZONING REGU LATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Ordi- nance Twill the of upon re ua st. DATED this 91h day of January, 1998. CITY CLERK 1PublishedSJanuaryS3,H9 gE — - - -, - - - - . i B -2 -1 ss. Affidavit of Publication RECEIVED JAN 2 0 199 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of-Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... ... G. i, ty... o£ ... Edmorid. s ................................... ......................... . ..... .............. . . . . .. Ordinance #3183 ..................................................................... ............................... •. ............................... .............. ............................... ... .......................... ............................... ............................. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ... anuary..13_, .1998_........................................................................................ and ................. ............................... was regu ly dis 'bu ed to its subscribers Principal Clerk Subscribed and sworn to before me this .... 15th............. d January 19 ..98.. ....... . .. .. ..... . ... ............... Notary Public in and for t o shing residing at Everett, Sno nth 00TAR_ j; �.1 1'U � 1-�G 2 � 9j. b -i 9 -9r• G�� \�F WASN`�